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About Qualified Domestic Relations Order
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Child and Spousal Support Arrangements

Ending a relationship is never easy. With a divorce, there are many different issues that will need to be handled. On top of the emotional challenges, there are complex logistical matters that must be resolved before the divorce can be finalized.

If a major part of your finances is comprised of retirement benefits/assets, you need to know how to effectively protect your rights and interests through your divorce. Too many divorcing couples make mistakes when dividing up their retirement benefits, costing themselves a lot of money in the process. Here, our Long Island divorce lawyers provide an overview of an important legal tool that can help divorcing couples protect their retirement assets: a Qualified Domestic Relations Order (QDRO).

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What is a QDRO?

A Qualified Domestic Relations Order or QDRO is a special court order that allows for the splitting of certain assets (retirement plans, 401(k)s, pension benefits, etc.) by recognizing that there is a joint marital ownership of the benefits. In other words, an alternate payee’s legal right to all or a portion of the benefits is established by creating a QDRO. This is important as it allows divorcing couples to more easily divide these assets/interests without incurring penalties and fees.

Why You Need QDRO

Without a QDRO, divorcing couples often run into problems when dealing with retirement benefits. The lack of a QDRO could result in:

  1. Divorcing couples getting stuck in intractable disputes over complex retirement/insurance benefits;
  2. Divorcing couples missing out on benefits that are available to them; and
  3. Divorcing couples being hit with early withdrawal penalties or other significant tax penalties.

The bottom line: If you or your partner has a substantial amount of retirement benefits, and that account is only in one person’s name, you need a QDRO.

A QDRO Can Be Used to Satisfy Spousal Support/Child Support Obligations

Notably, a QDRO can be used by a plan owner to tap into their retirement savings to satisfy spousal support obligations or child support obligations. This can make it a lot easier to deal with the financial headaches that are often associated with divorce.

Specific procedures must be followed when using a QDRO to divide property, pay alimony, or pay child support. To be legally valid, a QDRO must conform to the requirements set forth by the United States Department of Labor (DOL).

It is crucial that your QDRO is prepared by a skilled Long Island family law attorney who has experience drafting these types of documents. It is best to get a QDRO prepared early on in the divorce process because the QDRO must be approved by the court before the divorce can be finalized.

Get Help From a Long Island Divorce Lawyer Today

At Petroske Riezenman & Meyers, P.C., our Long Island divorce attorneys have extensive experience drafting Qualified Domestic Relations Orders (QDROs). To find out more about what our legal team can do for you, please do not hesitate to contact us for a free, fully confidential consultation. From our office in Hauppauge, we represent clients throughout Long Island, including in Suffolk County, Nassau County, Brooklyn, and Queens.

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When facing a divorce, child custody, or child support case, you deserve a lawyer who will listen to your concerns and take the time to explain your options, and who has the knowledge and experience to give you the best advice.

The best way to identify whether a Long Island divorce lawyer is right for you is to meet with the lawyer for an initial consultation. At Petroske Riezenman & Meyers, we are proud to offer potential clients a free, confidential consultation where they can learn more about our experience and discuss their legal dispute. We can also offer our preliminary assessment about how the dispute will likely turn out as well as what evidence you will need for a favorable outcome.

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These consultations are entirely no-risk. If you like what you hear, we can discuss our fees and then go ahead and formalize the attorney-client relationship. If you want to meet with other Long Island family law attorneys, then that is absolutely fine as well.

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Why Choose Petroske Riezenman & Meyers

There are countless Long Island attorneys who will promise to aggressively represent your interests in a divorce or family law dispute. But only one firm has the right mix of attributes to provide cutting-edge legal representation along with compassionate support in this stressful time.

At Petroske Riezenman & Meyers, our success is built on three pillars:

Knowledge

Matrimonial and family law changes often. New developments come out of Albany every year, and the courts implement the law in sometimes surprising ways. To effectively protect your interests, you need a lawyer who understands the latest developments in the law, however minor. We stay informed of upcoming amendments and trends in the law. We know the latest court decisions coming from remote counties that might impact how a judge decides a case here in Long Island. If there is a prior case out of the Family Courts that helps you, we will find it and bring it to the attention of the judge.

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Experience

Family law disputes are not like other lawsuits. These disputes are governed by different laws and different judges. Although you can ask a criminal defense lawyer or an immigration attorney to handle your matrimonial or family law dispute, you should not be surprised if they are soon in over their heads and unable to provide effective representation. At Petroske Riezenman & Meyers, our attorneys and support staff have dedicated their careers to excellence and professionalism in the practice of matrimonial and family law.

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Results

We are proud to be highly recommended by the many satisfied clients we have represented over the years in divorce and Family Court cases. No attorney can promise a result, and we do not claim to. But experience counts. We have over 60 years of combined experience, which allows us to perform a complete review of your case and discover facts that work to your advantage. We understand the unique challenges that family law disputes create, such as the risk of domestic violence, impediments to negotiated resolution, or the possibility of harassing or vexatious litigation. To see the positive results we have achieved for others, check out our Client Reviews.

Petroske Riezenman & Meyers, P.C. staff